Legal Opinion

PHELISNA

Board of Immigration Appeals

Decided July 1, 1982No. ID 2913PublishedCited by 3 opinions

1Opinion of the Court

Interim DeCision #2913 MATTER OF PHELISNA In Exclusion Proceedings A-26006147 Decided by Board July 8, 1982 (1) An applicant in exclusion proceedings generally has the burden establishing that the exclusion proceedings are improper. (2) In order to prove that exclusion proceedings are improper, the applicant must establish that she made an entry into the United States. (3) Where an alien alleges that an "entry" without inspection has been made, the alien must establish that she actually and intentionally evaded inspection. (4) The fact that an alien knowingly comes to the United States…

2Cases cited15 opinions

  1. PIERREBoard of Immigration Appeals · 1973
  2. United States v. VasilatosCourt of Appeals for the Third Circuit · 1954
  3. Severiano Vasquez-Mondragon v. Immigration & Naturalization ServiceCourt of Appeals for the Fifth Circuit · 1977
  4. Lazarescu v. United StatesCourt of Appeals for the Fourth Circuit · 1952
  5. DE LA NUESBoard of Immigration Appeals · 1981

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3Cited by3 opinions

  1. MATELOTBoard of Immigration Appeals · 1982
  2. Pierre v. RivkindDistrict Court, S.D. Florida · 1986
  3. Khera v. AshcroftCourt of Appeals for the Ninth Circuit · 2003

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